In Florida, you cannot be fired for voting, despite the fact that employment is at-will. Employment at-will means that absent an employment contract, an employer can fire you for a good reason, a bad reason, or no reason at all. However, there are exceptions to employment at-will. An employer cannot terminate employees for unlawful reasons—those that violate federal or state law.
With the 2020 election upon us, it is important to know that your boss cannot fire you because of who you choose to vote for. In fact, it is unlawful for your employer to fire you or threaten to fire you because you choose to vote (or not vote) in any election, be it a local, state, or a national election.
If your employer wrongfully terminates or threatens to wrongfully terminate you for voting (or not voting) for your candidate of choice, the employer violates state law. The employer can be held criminally liable. In addition, it may be illegal for your boss to corruptly influence you to vote for the candidate your employer prefers.
If you oppose your employer’s violations of these voting laws or you refuse to comply with your employer’s demands that violate these laws, you may be a whistleblower. Whistleblowing is also an exception to at-will employment. To learn more about whistleblowing, check our blog 10 Common Whistleblower Claims. Want to know more about the exceptions to employment at-will? Read our blog on Examples of Wrongful Termination in Florida.
If you are fired for voting, consult with experienced employment attorneys who can determine if you have a claim.